(A) Any person who claims to have been injured by a discriminatory housing practice, or who believes that he or she will be irrevocably injured by a discriminatory housing practice that is about to occur (hereafter “person aggrieved”), may file a complaint with the Chief Executive Officer. Complaints shall be in writing, and shall contain such information, and be in such form, as the Chief Executive Officer requires. Upon receipt of such a complaint, the Chief Executive Officer shall furnish a copy of the same to the person, or persons, who allegedly committed, or is/was about to commit the alleged discriminatory housing practice.
(1) Within 30 days after receiving a complaint, or within 30 days after the expiration of any period of reference under division (C) below, the Chief Executive Officer shall investigate the complaint, and give notice, in writing, to the person aggrieved whether he or she intends to resolve it.
(2) If the Chief Executive Officer decides to resolve the complaints, he or she shall proceed to try to eliminate, or correct, the alleged discriminatory housing practice by informal methods of conference, conciliation, and persuasion.
(3) Nothing said, or done, in the course of such informal endeavors may be made public, or used as evidence in a subsequent proceeding under this chapter without the written consent of the persons concerned.
(B) A complaint under division (A) above shall be filed within 180 days after the alleged discriminatory housing practice occurred. Complaints shall be in writing, and shall state the facts upon which the allegations of a discriminatory housing practice are based. Complaints may be reasonably, and fairly, amended at any time. A respondent may file an answer to the complaint against him or her, and with the leave of the Chief Executive Officer, which shall be granted whenever it would be reasonable and fair to do so, may amend his or her answer at any time. Both complaints and answers shall be verified.
(C) If, within 30 days after a complaint is filed with the Chief Executive Officer, he or she has been unable to obtain voluntary compliance with this chapter, the person aggrieved may, within 30 days thereafter, file a complaint with the Secretary of the Department of Housing and Urban Development. The Chief Executive Officer will assist in filing.
(D) If the Chief Executive Officer has been unable to obtain voluntary compliance within 30 days of the complaint, the person aggrieved may, within 30 days hereafter commence a civil action, in any appropriate court, against the respondent named in the complaint, to enforce the rights granted, or protected, by this chapter, insofar as such rights relate to the subject of the complaint. If the court finds that a discriminatory housing practice has occurred, or is about to occur, the court may enjoin the respondent from engaging in such practice, or order such affirmative action as may be appropriate.
(E) In proceedings brought pursuant to this section, the burden of proof shall be on the complainant.
(F) Whenever an action filed by an individual shall come to trial, the Chief Executive Officer shall immediately terminate all efforts to obtain voluntary compliance.
(Prior Code, § 15.16.10) (Ord. 2013-10, passed - -)